Masters of Puppets? Reassertion of Control Through Joint Investment Treaty Interpretation

Reassertion of Control Over the Investment Treaty Regime, pp. 155-181, Andreas Kulick, ed., Cambridge University Press, 2017

Oxford Legal Studies Research Paper No. 10/2016

25 Pages Posted: 2 Mar 2016 Last revised: 25 Feb 2017

See all articles by Eleni Methymaki

Eleni Methymaki

School of law, University of Glasgow

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Date Written: February 29, 2016

Abstract

The explosion of international investment arbitration under international investment agreements has caused significant backlash, with states parties to such agreements now seeking to reassert control over their agreements in the face of tribunals occasionally running amok. This paper considers the options for states parties to reassert control over their treaties by putting forward joint binding interpretations of relevant provisions. It posits the states parties as the masters of their treaties, reviews the relevant law and arbitral practice, and responds to common objections to joint binding interpretation.

Keywords: international investment law, international investment arbitration, note of interpretation, NAFTA, BIT, FTA, joint interpretation, rules of interpretation, Vienna Convention on the Law of Treaties

Suggested Citation

Methymaki, Eleni and Tzanakopoulos, Antonios, Masters of Puppets? Reassertion of Control Through Joint Investment Treaty Interpretation (February 29, 2016). Reassertion of Control Over the Investment Treaty Regime, pp. 155-181, Andreas Kulick, ed., Cambridge University Press, 2017; Oxford Legal Studies Research Paper No. 10/2016. Available at SSRN: https://ssrn.com/abstract=2740127

Eleni Methymaki

School of law, University of Glasgow ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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